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PETERSON v. BARRON

No. 16664.

401 S.W.2d 680 (1966)

James E. PETERSON, trustee, Appellant, v. William C. BARRON et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 18, 1966.

Attorney(s) appearing for the Case

Wise & Stuhl, Dallas, for appellant.

John F. Boyle, Jr., City Atty., Irving, and Jack D. Eades, of Lefkowitz, Green, Ginsberg, Eades & Gilmore, Dallas, for appellees.

CLAUDE WILLIAMS, Justice.

James E. Peterson, Trustee, brought this action against William C. Barron and the City of Irving, a municipal corporation, for trespass and subsequent damages to real property owned by plaintiff Peterson as a result of the construction of a drainage canal through a portion of plaintiff's land. Defendants defended their right to construct said drainage canal by virtue of a certain drainage and utility easement deed executed by plaintiff's...

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